08-10-98 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting - Council Chambers
Golden Valley City Hall, 7800 Golden Valley Road
Monday,Augu~10, 1998 .
7pm
I. Approval of Minutes - July 27, 1998
II. Informal Public Hearing - Minor Subdivision
Applicant:
Address:
Request:
Gopher News Company
9000 10th Avenue North, Golden Valley, Minnesota
To allow for the subdivision of the existing lot in order to create a second lot
of 4.26 acres in size.
III. Informal Public Hearing - Minor Subdivision - Lot Consolidation
Applicant:
Address:
Request:
Golden Valley VFW
7775 Medicine Lake Road, Golden Valley, Minnesota
Consolidate three lots into one in order to allow for the construction of a
22 foot x 82 foot addition onto the rear of the existing building.
IV. Informal Public Hearing - Conditional Use Permit - Amendment No.1
Applicant:
Address:
Request:
AT&T Wireless Services, Inc.
8925 Wayzata Blvd., Golden Valley, Minnesota
Amend the Conditional Use Permit (CUP) by allowing the construction of a
cellular telephone & radio tower on the site which changes the site plan
attached to the existing CUP
V. Reports on Meetings of the Housing and Redevelopment Authority, City
Council and Board of Zoning Appeals
VI. Other Business
A. Attendance of Planning Commissioner(s) to the MnAPA Conference in
Bemidji (materials enclosed)
VII. Adjournment
.
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 3, 1998
Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing - Consideration of a Minor Subdivision
--lot 5, Block 1, Golden Valley Industrial Park (9000 10th Avenue
North) -- Gopher News Company, Applicant
.
Gopher News Company owns a 12.51 acre site on the north side of 10th Avenue
North near the intersection with Decatur Avenue. They propose to subdivide the
property into two lots. The east lot would be 8.35 acres in area that would be the
location of the existing 89,000 sq.ft. building used for office and warehouse by
Gopher News. The west lot would be 4.26 acres and would be marketed for the
construction of a new industrial building. My understanding is that Gopher News
plans to remain in the existing building.
The property is guided on the Comprehensive Plan Map for Industrial uses. The
property is zoned Industrial. The existing building on the proposed east lot is
consistent with these designations. Any new use on the west Jot must meet the
requirements of the Zoning Code. Since there is no minimum lot size in the
Industrial district, the size of both lots is adequate.
The east lot, with the building, meets the existing requirements of the Zoning
Code. The staff asked that the owner demonstrate that there is adequate
parking to meet the parking requirement for the building on the east lot. As
shown on the survey, there is space for 210 parking spaces on the lot, which is
the amount needed for the existing building. Some of these spaces are not
constructed but are provided as a "proof of parking". Staff has been to the site
and finds that the existing parking is more than adequate for the needs of Gopher
News. The existing building would also meet all setback requirements after the
property is subdivided.
The west lot is 4.26 acres in size, which is more than adequate to provide
enough room for a single story industrial building of about 50-60,000 sq.ft. in
area. As shown on the survey, the lot is about 200 feet wide and 700 feet deep.
.
Conditions for Approval or Denial
Approval of a minor subdivision is outlined in the subdivision code. There are
nine conditions for approval or denial spelled out in City Code Section 12.50,
Subd. 3. Staff comments on the conditions are summarized as follows:
.
· Each of the lots that are created by the minor subdivision must meet the
standards for the Industrial zoning district and have adequate frontage
on a public street. In the case of this subdivision, these requirements are
met.
· Lots may not be development if steep slopes or excessive wetness
encumbers them. In this case of the proposed minor subdivision, the lots
are not encumbered by such problems and would be considered buildable.
· All lots must have public utilities available. In this case, all such public
utilities are present.
· The applicant will be required to dedicate easements to the public for
utility or road purposes. The applicant would be required to dedicate utility
easements around all property lines of the two lots that are created. These
easements must be shown on the final plat.
· If outside agencies, such as the County or State, have any jurisdiction
over this property, they must be informed. In this case, there are no
outside agencies that have any jurisdiction over the development of this site.
· If recommended by the City Attorney, the applicant will be required to
provide the City with a review of title. In this case, the review may be
necessary due to the City receiving certain utility easements. This title review
would be done prior to final plat approval by the City Council.
· The subdivision can be denied if the Engineer determines that
development of the property will cause undue strain on the local
infrastructure or adverse impacts on adjacent land uses. The
development of the west lot will not cause any undue strain.
· The final two conditions apply only to residential properties.
.
Staff Recommendation
Staff recommends approval of the proposed minor subdivision to create one
additional industrial lot west of Gopher News (9000 10th Ave. No.) on the
condition that all necessary easements be shown on the final plat. The final plat
shall also be subject to a park dedication fee that will be determined at the time
the final plat is approved by the City Council.
Attachments: Location Map
Survey (attached)
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MEMORANDUM
DATE:
TO:
FROM:
RE:
.
.
August 4, 1998
Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing -- Minor Subdivision (Lot Consolidation) --
Lots 4,5, and 6, Block 1, Terra Linda Plaza (7775 Medicine Lake
Road) -- Golden Valley VFW, Applicant
The Golden Valley VFW has applied to consolidate three lots they own, at the
southwest corner of Medicine Lake Road and Rhode Island A venue, into one lot.
The property is approximately 2.92 acres. The site is guided on the
Comprehensive Plan Map for Commercial uses. The property is shown on the
Zoning Map as Commercial. There is one building on the site that is
approximately 15,700 sq.ft. in area. The building now houses the VFW, a liquor
store and a beauty/tanning salon. These uses are all permitted in the
Commercial zoning district.
The building has been added to over the years to provide additional space for the
VFW and beauty salon. Certain variances were granted to the VFW in order to
make the building legally non-conforming. The legally non-conforming status
allowed the VFW to add to the original building. (The original VFW building was
7000 sq.ft. in area.)
The VFW would again like to expand the building to the south in order to create
more space for the beauty shop. When requesting the proposed addition, staff
noticed that the existing building was placed over a property line. Staff told the
VFW that the property lines would have to be eliminated in order to add to the
building. In the past, the City has permitted buildings to be constructed over lot
lines. It is now the City's policy to require that each building be constructed on
only one lot. With a property line running through the middle of the VFW
building, the required setbacks from that property line cannot be met.
In order to eliminate the property lines, the VFW must consolidate the three lots
into one. Following the minor subdivision process outlined in the Subdivision
Code does this. The Subdivision Code lists nine conditions for approval or denial
of the minor subdivision. Staff will address each of these conditions with
comments below:
1. Lot consolidations shall meet all the requirements of the appropriate
zoning district. In this case, the existing building is in the appropriate zoning
district. In addition, the building has received all necessary variances to
,
.
make the building legally non-conforming. A future addition to the building .
may require a variance if all setback and parking requirements are not met.
2. The lot consolidation may be denied if it is determined by the City
Engineer that steep slopes or excessive wetness that would make the
lot unbuildable encumbers the lot. The existing property is suitable for the
existing development and future additions.
3. Lot consolidations may be denied if the property is not served by City
utilities. In this case, there are public utilities to the site.
4. The applicant shall grant the City any easements as needed for public
purposes. In this case, the applicant must show a 10 foot utility and
drainage easement along Medicine Lake Road and Rhode Island Avenue.
The trail easement along Medicine Lake Road must remain. A 6-foot wide
drainage and utility easement will be required on all side and rear property
lines. These easements must be shown on the final plat. The existing
easements along the interior lot lines will be vacated as part of this new plat.
They are no longer necessary. The applicant has also had vacated a power
line easement at the southwest corner of the site that is no longer needed.
5. If other public agencies have jurisdiction over this property, they must
be consulted. In this case, Medicine Lake Road is a county road. They
have been informed of the lot consolidation. More than likely, the County will
request that an additional 7 feet of right-of-way be dedicated for Medicine
Lake Road in order to get closer to the desired 80 feet of right-of-way for
county roads. The survey indicates that the VFW has already given a 7 -foot .
sidewalk easement to the County. The road dedication will probably be
required over the sidewalk easement. The County may also ask for an
additional trail. easement over another 3 feet along Medicine Lake Road. This
additional right-of-way and trail easement would have to be indicated on the
final plat. .
6. The City may require a review of title if the City will receive an easement
or right-of-way from the consolidation. In this case, the City Attorney will
be consulted to determine if such a title review is necessary for the granting
of utility easements along property lines.
7. If the development, which would occur on the consolidated lot, would
cause undue strain on the existing roads and utilities, the consolidation
may be denied. In this case, the City Engineer does not believe that the new
addition to the VFW would cause undue strain.
8. This condition applies only to residential property.
9. This condition applies only to residential property.
Staff Recommendation
The staff recommends approval of the lot consolidation of Lots 4, 5, and 6, Block
1, Terra Linda Plaza. This consolidation would create one larger lot for the one
building which now straddles three lots. The existing lot consolidation meets all
.
2
.
the conditions found in the Subdivision Code for lot consolidations. Staff
recommends that the developer dedicate road, utility, and drainage easements
as required by the City Engineer and Hennepin County. All easements and road
dedications must be shown on the final plat. Staff is recommending that the dirt
pile next to the garage be removed from the site and that -the two street sweeping
vehicles, located near the garage, be removed from the site or stored within the
garage. The removal of the dirt pile and vehicles should take place prior to
permits being issued by the Inspections Department.
Attachments: Location Map
Release of Utility and Drainage Easements
Survey (attached)
.
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CITY
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CITY OF
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LAW OFFICES
JAMES B. LUND
604 Fl.OUR EXCHANGE BUILDING
310 FOURTH AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55415
TELEPHONE
16121922.1694
FAX (612) 927-0382
July 13, 1998
Mr. Kenneth G. Weller
9200 Earl street
Golden Valley, MN 55427
Re: utility & Drainage and Easements
This office: Scheudle 4
Dear Ken:
In reply to your telephone conversation of Friday,
July 10, 1998 this office has a file on the Drainage
and utility Easement.
NSP granted a release in and to the
South 6 feet of Lot 4, Block 1
and also
North 6 feet of Lot 5, Block 1, Terra Linda
Plaza
on January 17, 1989.
This release could not be recorded in the Office of
the Register of Titles, Hennepin County, Minnesota be-
cause NSP does not appear on the Torrens certificate.
Tne City of Golden Valley on February 21, 1989.
vacated the easement as follows:
The utility and drainage easement as shown on a sub-
ject to the Plat of Terra Linda Plaza lying within
the corporate limits of the City of Golden Valley
described as follows:
The north six (6) feet of Lot Five (5); and
all the platted utility and drainage easements
of Lot Four, Block 1, Terra Linda Plaza as
dedicated in said plat.
The Post's petition granting the resolution contained
signatures of all abutting property owners and letters of
release from the three major utility comp~nies and a
registered survey.
.
You are acquainted with the NSP hook-up for the first
big event.
Please advise if further information is needed.
With best wishes, I remain,
Sincerely yours in
comradeship,
~Lund
.
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~
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MEMORANDUM
DATE:
TO:
FROM:
RE:
August 4, 1998
Golden Valley Planning Commission
Elizabeth A. Knoblauch, City Planner
Informal Public Hearing -- Amendment of Conditional Use
Permit No. 92-55 -- 8925 Wayzata Blvd. -- Wilkins Pontiac,
Inc., Applicant
.
Backaround
This facility (location map attached) was granted a Conditional Use Permit for an
auto dealership and related corporate offices in an industrial area (CUP) in March
1992. Now the owner proposes to allow AT&T Wireless Services, Inc. to build a
cellular monopole and related equipment enclosure on the site in addition to the
dealership. The tower by itself would not require a CUP, but the existing permit
(attached) for the dealership incorporates the site plan as originally approved and
therefore must be amended to allow any addition.
The site plan is particularly important in this case because - even though the
dealership was to be all new construction rather than an alteration of an existing
building and parking lot - significant landscaping setback variances were
requested and granted on all four sides of the property as part of the original
approval process; this is now a very tightly developed site.
With three side-by-side dealerships on one block, there was concern in 1992
about on-street congestion resulting from overflow of vehicles stored on or
visiting one site or another. In fact, this has been an intermittent problem over
the years, particularly on the north access road and particularly when vehicle
shipments arrive. There have been no recent complaints logged by the Golden
Valley Police Department.
The permitting process for the on-site trash enclosure at the northeast corner of
the main building is not clear from the files today, nor do staff know if it was
constructed along with the main building or at a later date. It was not noted on
the approved site plan incorporated in the CUP (portion of site plan attached). It
sits well within the required structure setback area but has no approved variance
on record. It also takes up two parking spaces identified for employee use per
the approved CUP, but the permitted on-site maximum of fifty employees would
only have required 17 of the 19 identified employee parking spaces.
.
.
Current Proposal
The current proposal calls for the trash enclosure to be expanded to a two-story
building - adding an upper level equipment shed and an outside stairway - with
the cellular monopole mounted to one side (proposed sitE! plan and elevation
detail attached). Including its base, total cellular monopole height will be slightly
over 80 feet. From the elevation detail it appears the stairway would take out
one or two additional required parking spaces, but this has not been confirmed
since the proposed site plan portrays neither the stairway nor any parking at all; if
the employee cap remains at fifty, the site cannot lose any more of the originally-
approved 19 employee parking spaces and still meet code requirements.
For the CUP amendment, the main issue is whether the slightly reduced on-site
parking is acceptable in view of the already tight site development. At least part
of the affected parking area is already taken up by the trash enclosure, creating a
side issue of whether anything can or should be done about the trash enclosure if
the cellular monopole is not approved. Apart from the parking, there will be little
if any alteration to the way the dealership functions if the amendment does go
through.
The Planning Commission will have to condition any recommendation for
approval on subsequent 8ZA or City Council action to allow additional site
variances. The trash enclosure/equipment shed and the cellular monopole will
both require structure setback variances, which were not necessary for the main
building. There may also be a parking variance involved, depending on exactly
how many of the originally approved parking spaces are eliminated for the
addition. Finally, there is some question about whether the site will also require a
variance from the prohibition on more than one principle building per site;
although all of the additional construction will be physically tied together into one
structure, code specifies that the absence of any openings between two parts of
a structure automatically establishes two distinct buildings, and a two-story
accessory building is unprecedented in Golden Valley.
.
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Factors For Consideration
In approving or denying any CUP or amendment thereto, City Code requires that
findings be made on ten specified factors. Staff evaluation of those factors as
they relate to the proposed amendment to CUP 92-55 are as follows:
1. Demonstrated Need for the Use: The City's basis for demonstrating
need is that an applicant has identified a market for the proposed good or
service. For the dealership itself, that criterion was met when the CUP
was approved in 1992. The owner proposes no site changes other than
adding the cellular monopole, which as noted earlier does not require its
own CUP.
Consistencv with the Comprehensive Plan: The proposed cellular
monopole would not make overall site use inconsistent with the plan.
Effect on Property Values in the Area: The proposed cellular
monopole is not expected to result in any more or any less of an impact
than the facility as it now exists.
2.
3.
2
.
4. Effect of any Anticioated Traffic Generation Uoon Current Traffic
Flow and Conaestion in the Area: The proposed cellular monopole is
not expected to generate significant additional traffic; the trash enclosure
above which the equipment shed would be built is already taking up two
designated employee parking spaces, and the access stairway will
apparently eliminate at least one more space.
5. Effect of any Increase in Pooulation: The proposed cellular monopole
will not increase the regular employee population of the area, though
there will be periodic maintenance visits.
6. Increase in Noise Level: The proposed cellular monopole is not
expected to result in any more or any less noise than the facility as
originally approved .
7. Anv Odor. Dust. Smoke. Gas. or Vibration Caused bv the Use: The
proposed cellular monopole is not expected to result in any more or any
less of an impact than the facility as originally approved.
8. Anv Increase in Flies. Rats. or other Vermin on the Area Caused bv
the Use: The proposed cellular monopole is not expected to result in any
more or any less of an impact than the facility as originally approved.
9. Visual Aooearance of the Prooosed Structure or Use: The proposed
cellular monopole will be substantially taller than the existing building; it
will, however, take up a minimal amount of space. The proposed
equipment shed will have a fa~de similar to the existing building, but the
access stairway is proposed to be unenclosed.
10. Other Concerns Reaardina the Use: The proliferation of variances on
the property may be a matter of concern, especially given the history of
on-street congestion in the immediate area. While BZA has jurisdiction
over variance requests, the Planning Commission is represented on the
BZA and this case is of particular interest because of the property's
conditional use status. The Commission may therefore wish to have its
BZA representative carry forward any variance-related concerns that
come up during discussion.
.
.
Recommended Action
Staff recommend approval of the requested amendment to Conditional Use
Permit 92-55, Wilkins Pontiac, Inc., with a list of conditions as follows:
1. The Board of Zoning Appeals shall approve any necessary variances
before final approval is granted by the City Council.
2. Before going to the BZA, the proposed site plan must be revised to reflect
all on-site parking and must be accompanied by an analysis of how well
the parking meets current code requirements, so that the need for a
parking variance can be properly determined.
3. The revised site plan and the elevation detail shall be made part of the
amended CUP as approved; any additional changes that may be required
beyond those noted in #2 above, shall be incorporated into final plans
submitted by the applicant for permit attachment.
3
.
4. The floor plans dated 2/18/92 and approved as part of the original CUP
shall remain attached to the amended CUP. Floor plans shall not be
required for the additional construction.
5. The ground floor of the original building may be us~d for automobile sales,
servicing, leasing, additional parts storage, and miscellaneous employee
areas not identified on the approved floor plan. The upper floor of the
original building may be used for parts storage and for such offices or
other employee areas as are incidental to the automobile sales and
service business, which may include leasing. The ground floor of the
addition shall be used only as a trash enclosure, and the upper floor shall
be used only for such equipment as necessary to maintain the proper
function of the cellular monopole.
6. Additional construction, including the monopole, shall match the general
appearance represented in the elevation detail.
7. The monopole shall not exceed a height of 150 feet as measured from
ground level, that being the maximum height allowed for such facilities to
qualify as accessory uses in the Industrial zoning district.
8. There shall be a maximum of fifty employees allowed on the site.
9. All other applicable local, state, and federal requirements shall be met.
10. Failure to comply with one or more of the above conditions shall be
grounds for revocation of the Conditional Use Permit
.
Attachments:
· Location Map
· Existing Conditional Use Permit
· Portion Of Approved Site Plan
· Proposed Site Plan/Proposed Elevation Detail (attached)
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C I T Y 0 F G 0 L DEN V ALL E Y
CON D I T ION A L USE PER M I T
No. 92-55
DATE OF APPROVAL:
March 2, 1992 by the City Council in accordance with
Section 11.10, Subd. 2 and Section-l1.36 of the City
Code.
ISSUED TO:
Wilkins Pontiac, Inc.
Arl'Ronb LOC'^ Ii ON:
U9L!> Wayzala 13lvd., lioldcJ\ Valley, ~\IJ\lIcsola
APPROVED CONDITIONAL
USE:
Allow for automobile sales and service at 8925 Wayzata
Blvd. which is located in an Industrial Zoning
District
CONDITIONS OF APPROVAL:
1. Before proceeding to the City Council for final consideration, the appli-
cant shall obtain all necessary variance approvals from the Board of Zoning
Appeals (BZA). Amended site and floor plans incorporating any alterations
arising from the action of the BZA shall be prepared by the applicant for
City Council consideration, and shall then be made a part of the approved
conditional use permit. Data necessary for calculating parking require-
ments shall be clearly indi~ated on the site plan.
2. As part of the construction process, a drainage plan shall be prepared by
the applicant and approved by the City Engineer.
3. The ground floor of the structure may be used for automobile sales, ser-
vicing, leasing, additional parts storage, and may include miscellaneous
employee areas not identified on the site plan. The upper floor of the
structure may be used for parts storage and for such offices or other
employee areas as are incidental to the automobile sales and service busi-
ness, which may include leasing.
4. There shall be a maximum of fifty employees on-site.
5. The uses and the site itself shall meet all applicable City, State and
Federal r~gulations.
6. Fail ure to comply wi th any of the terms of thi s permi t may be cause for its
revocation.
W^RNING: This permit cioes not r.xr.mpt you from nll otht'r r.lty r.oll,. llt'ovlp,lnl1p'.
regulations and ordinances.
ISSUED BY: El&~IiPMno;lau.~ty ~anner
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